Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between husband/accused and wife/deceased - Incident took place on spur of moment after a sudden quarrel - Accused did not act in an extremely cruel manner and blows by lathi were inflicted on non-vital parts of body - However, accused can neither be imputed the intention nor knowledge that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Accused are brothers of deceased - Incident occurred in heat of passion followed by heated discussion and during quarrel one of accused had tried to see that deceased remaining in four corners of home or go back to her matrimonial home, as she wanted to elope with a person though she was a married lady having..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in a spur of moment without any preparation or deliberation - Quarrel between accused and his sister which led to unfortunate incident - No evidence on record that accused had actually made any preparation for committing the offence - Prosecution not established any motive for..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused called the unsuspecting deceased out of his house on fateful afternoon and inflicted stab blow by knife on his chest - Accused was carrying a weapon with him thus, incident was apparently perpetrated in a well planned manner with full premeditation - Intention of accused while inflicting..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Nature of offence - Deceased died due to heart attack - There are no external or internal injuries found on body of deceased - Assault was made by accused by his elbow which alone was not sufficient to cause death of deceased - Accused had no intention or knowledge to cause death of deceased and as such no injury is..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - I.O who examined dead body of deceased during inquest has noted three major injuries on body of deceased - However doctor found two injuries on chest of deceased - There is also a contradictory evidence of eye witnesses and doctor regarding injury suffered by deceased - Benefit of doubt thus, given..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Offence u/s 304(Part II), 323 IPC - Complaint is lodged by independent person/doctor through cryptic telephonic message - Said complaint is not concocted one - Version of injured eye witness in wholly corroborated by medical evidence on record - Incident occurred on spur of moment and without pre-meditation - Deceased..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Land dispute between brothers - Manner of occurrence and how incident was trigged not brought out in evidence of PWs - Accused assaulted his mother upon a quarrel - Pre-mediation on part of accused not established - Prosecution failed to establish genesis of occurrence, it has remained in realm of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Assault made on head of deceased with lathi on the spur of moment without premeditation - It is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur - Circumstances, manner of assault, nature and number of injuries will all have to be considered..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Scuffle in a beer party - In that scuffle accused took out the knife and stabbed deceased from behind - As per Exception IV to S.300 IPC, culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender..........
